Authority for 3. (1). Any donor may, in such manner and subject to such
removal of
human organs
conditions as may be prescribed, authorise the removal,
before his death, of any human organ of his body for
therapeutic purposes.
(2). If any donor had, in writing and in the presence of two or
more witnesses (at least one of whom is a near relative
of such person), unequivocally authorized at any time
before his death, the removal of any human organ of his
body, after his death, for therapeutic purposes, the
person lawfully in possession of the dead body of the
donor shall, unless he has any reason to believe that the
donor had subsequently revoked the authority aforesaid,
grant to a registered medical practitioner all reasonable
facilities for the removal, for therapeutic purposes, of that
human organ from the dead body of the donor.
(3). Where no such authority as is referred to in sub-section
(2), was made by any person before his death but no
objection was also expressed by such person to any of
his human organs being used after his death for
therapeutic purposes, the person lawfully in possession
of the dead body of such person may, unless he has
reason to believe that any near relative of the deceased
person has objection to any of the decease person’s
human organs being used for therapeutic purposes,
authorize the removal of any human organ of the
deceased person for its use for therapeutic purposes.
(4). The authority given under sub-section (1) or sub-section
(2) or, as the case may be, sub-section (3) shall be
sufficient warrant for the removal, for therapeutic
purposes, of the human organ; but no such removal shall
be made by any person other than the registered
medical practitioner.
(5). Where any human organ is to be removed from the body
of a deceased person, the registered medical practitioner
shall satisfy himself, before such removal, by a personal
examination of the body from which any human organ is
to be removed, that life is extinct in such body or, where
it appears to be a case of brain-stem death, that such
death has been certified under sub-section (6).
(6). Where any human organ is to be removed from the body
of a person in the event of his brain-stem death, no such
removal shall be undertaken unless such death is
certified, in such form and in such manner and on
satisfaction of such conditions and requirements as may
be prescribed, by a Board of medical experts consisting
of the following namely:
(i) the registered medical practitioner in charge of
the hospital in which brain-stem death has
occurred;
(ii) an independent registered medical practitioner,
being a specialist, to be nominated by the
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registered medical practitioner specified in
cause (i), from the panel of names approved by
the Appropriate authority;
(iii) a neurologist or a neurosurgeon to be
nominated by the registered medical
practitioner specified in clause (i), from the
panel of names approved by the Appropriate
Authority; and
(iv) the registered medical practitioner treating the
person whose brain-stem death has occurred.
(7). Notwithstanding anything contained in sub-section (3),
where brain-stem death of any person, less than
eighteen years of age, occurs and is certified under subsection (6), any of the parents of the deceased person
may give authority, in such form and in such manner as
may be prescribed, for the removal of any human organ
from the body of the deceased person.
Removal of 4. (1). No facilities shall be granted under sub-section (2) of
human organs section 3 and no authority shall be given under subnot to be section (3) of that section for the removal of any human
authorised in organ from the body of a deceased person, if the person
certain cases. required to grant such facilities, or empowered to give
such authority, has reason to believe that an inquest
may be required to be held in relation to such body in
pursuance of the provisions of any law for the time being
in force.
(2). No authority for the removal of any human organ from
the body of a deceased person shall be given by a
person to whom such body has been entrusted solely for
the purpose of interment, cremation or other disposal.
Authority for 5. (1). In the case of a dead body lying in a hospital or prison
removal of and not claimed by any of the near relatives of the
human organs deceased person within forty-eight hours from the time of
in case of the death of the concerned person, the authority for the
unclaimed removal of any human organ from the dead body which
bodies in so remains unclaimed may be given, in the prescribed
hospital or form, by the person in charge, for the time being, of the
prison. management or control of the hospital or prison, or by an
employee of such hospital or prison authorised in this
behalf by the person in charge of the management or
control thereof.
(2). No authority shall be given under sub-section (1) if the
person empowered to give such authority has reason to
believe that any near relative of the deceased person is
likely to claim the dead body even through such near
relative has not come forward to claim the body of the
deceased person within the time specified in such subsection (1).
Authority for 6. Where the body of a person has been sent for post-mortem
removal of examinationhuman organs (a) for medico-legal purposes by reason of the death of
from bodies such person having been caused by accident or
sent for post- any other unnatural cause;
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mortem
examination for
medico-legal or
pathological
purposes.
OR
(b) for pathological purposes,
the person competent under this Act to give authority for the
removal of any human organ from such dead body may, if he
has reason to believe that such human organ will not be
required for the purpose for which such body has been sent
for post-mortem examination, authorize the removal, for
therapeutic purposes, of that human organ of the deceased
person provided that he is satisfied that the deceased person
had not expressed, before his death, any objection to any of
his human organs being used, for therapeutic purposes after
his death or, where he had granted an authority for the use
of any of his human organs for therapeutic purposes after his
death, such authority had not been revoked by him before
his death.
Preservation of 7. After the removal of any human organ from the body of any
human organs. person, the registered medical practitioner shall take such
steps for the preservation of the human organ so removed
as may be prescribed.
Savings 8. (1). Nothing in the foregoing provisions of this Act shall be
construed as rendering unlawful any dealing with the
body or with any part of the body of a deceased person if
such dealing would have been lawful if this Act had not
been passed.
45 of 1860 (2). Neither the grant of any facility or authority for the
removal of any human organ from the body of a
deceased person in accordance with the provisions of
this Act nor the removal of any human organ from the
body of a deceased person in pursuance of such
authority shall be deemed to be an offence punishable
under section 297 of the Indian Penal Code.
Restrictions on 9 (1). Save as otherwise provided in sub-section (3), no human
removal and organ removed from the body of a donor before his
transplantation death shall be transplanted into a recipient unless the
of human donor is a near relative of the recipient.
organs. (2). Where any donor authorizes the removal of any of his
human organs after his death under sub-section (2) of
section 3 of any person competent or empowered to give
authority for the removal of any human organ from the
body of any deceased person authroises such removal,
the human organ may be removed and transplanted into
the body of any recipient who may be in need of such
human organ.
(3). If any donor authorizes the removal of any of his human
organs before his death under sub-section (1) of section
3 for transplantation into the body of such recipient, not
being a near relative, as is specified by the donor by
reason of affection or attachment towards the recipient
or for any other special reasons, such human organ shall
not be removed and transplanted without the prior
approval of the Authorisation Committee.
(4). (a) The Central Government shall constitute, by
notification, one or more Authorisation Committees
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consisting of such members as may be nominated by the
Central Government on such terms and conditions as
may be specified in the notification for each of the Union
Territories for the purposes of this section.
(b) The State Government shall constitute, by
notification, one or more Authorisation Committees
consisting of such members as may be nominated by the
State Government on such terms and conditions as may
be specified in the notification for the purposes of this
section.
(5). On an application jointly made, in such form and in such
manner as may be prescribed, by the donor and the
recipient, the Authorisation Committee shall, after
holding an inquiry and after satisfying itself that the
applicants have complied with all the requirements of
this Act and the rules made thereunder, grant to the
applicants approval for the removal and transplantation
of the human organs.
(6). If, after the inquiry and after giving an opportunity to the
applicants of being heard, the Authorisation Committee
is satisfied that the applicants have not complied with the
requirements of this Act and the rules made thereunder,
it shall, for reasons to be recorded in writing, reject the
application for approval.